Resolution 2013-26 - Laserfiche WebLink

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work, a period of more than 30 days is needed to diligently pursue the work to completion). k. Lafayette may at any time with 12 months prior written notice terminate this Agreement, with or without cause. 2. Cooperation /Good Faith /Documents. In the performance of this Agreement or in considering any requested approval, acceptance, or other action under this Agreement, the Parties each agree that it will act in good faith and will not act unreasonably, arbitrarily, capriciously, or unreasonably withhold, condition, or delay any approval, acceptance, or other action required or requested pursuant to this Agreement. Each Party shall promptly provide any information, approval or document necessary for implementation of this Agreement. Each Party shall subject to its procedures cause to be issued those street cut permits, access permits and other procedural or substantive permits and approvals that are necessary in order to implement this Agreement, which permits and approval are not to be conditioned on payment of any fees or costs other than administrative costs for processing. 3. Contact Persons. The contact persons for administering this Agreement shall be the Public Works Director of both Parties, except that the Parties' facilities operators shall maintain direct contact in implementing Section 1.h. Upon signing this Agreement, the Parties shall provide each other with emergency contact information, including but not limited to 24- hour emergency phone numbers, which shall also be posted at the site. The information shall be confirmed annually and updated as necessary in the event of changes. Any approval hereunder required of a Party of any construction drawing, designs or specifications may be granted or withheld by a writing issued by the Public Works Director of such Party. 4. Assignment. This Agreement shall not be assigned by either Party without prior written consent of the other Party. 5. Time of Essence /Delays. Time is of the essence in the performance of this Agreement. However, any delays in or failure of performance by any Party of its obligation under this Agreement shall be excused if such delays or failure are a result of acts of God, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities (other than of a Party), shortages of labor or materials, or other similar causes which are beyond the control of such Party. 6. Default and Right to Cure. In the event that either Party shall be in default of this Agreement, the other Party shall provide notice to the defaulting Party specifically describing the default. The Party allegedly in default shall have 30 days from the date of such notice to cure the default. If such default is not so cured, the non - defaulting Party may pursue an action for specific performance or cure the default at the expense defaulting Party, in which case the defaulting Party shall reimburse the non - defaulting Party for all expenses incurred, including without limitation all staff, administrative and overhead expense. Additionally, if the default is in the payment of amounts due, the non - defaulting Party may bring an action for collection of amounts due. The provisions hereof are in addition to the right of termination set forth in Section 1.k. 3